Everything you need to know about divorce mediation laws, costs, requirements, and the process in Florida. Updated for 2026.
| Property Division | Equitable Distribution |
| Residency Requirement | At least one spouse must have been a resident of Florida for at least six months before filing for divorce. |
| Mandatory Mediation | County-dependent; many counties require it |
| Waiting Period | 20 days from filing |
| Mediation Cost Range | $3,000 – $8,000 |
| Hourly Rate Range | $200 – $350/hour |
Florida follows equitable distribution under Florida Statute § 61.075. The court begins with a presumption of equal distribution but may adjust based on factors including marriage duration, each spouse's economic circumstances, contributions to the marriage (including homemaker services), and interruption of career or educational opportunities.
Florida does not have a statewide mandatory mediation requirement for all divorces. However, many counties — including Miami-Dade, Broward, and Hillsborough — have standing orders requiring mediation for contested family law issues. Judges may order mediation in any contested case. Failure to appear at court-ordered mediation can result in sanctions including payment of the other party's attorney fees.
Child custody mediation is discretionary under Florida Statute § 61.183. When custody, visitation, or child support is contested, the court may order mediation. If parties reach agreement, the mediator prepares a consent order for court approval. Income-based sliding scale fees apply to court-connected mediation.
Private divorce mediation in Florida typically costs $200 to $350 per hour, with total costs of $3,000 to $8,000 for a complete mediation. Court-ordered mediation uses an income-based fee schedule: $60 per person per session for household incomes under $50,000, and $120 per person for incomes between $50,000 and $100,000.
Tip: Many mediators offer free initial consultations. It's worth meeting with 2-3 mediators before choosing one. Ask about flat-fee vs. hourly pricing and whether the fee includes drafting the settlement agreement.
Florida has a relatively short 20-day mandatory waiting period from the date of filing before the divorce can be finalized (Florida Statute § 61.19). This is intended as a brief cooling-off period.
These are the primary state laws governing divorce mediation in Florida:
| Statute | Subject |
|---|---|
| Florida Statute § 61.075 | Equitable Distribution of Marital Property |
| Florida Statute § 61.183 | Mediation of Contested Custody/Support Issues |
| Florida Statute § 61.19 | 20-Day Waiting Period |
| Florida Statute § 44.102 | Court-Ordered Mediation Provisions |
| FRCP Rule 1.720 | Mediation Procedures |
We've independently evaluated divorce mediators in Florida's major metro areas. Browse our rankings to find a top-rated mediator near you:
There is no statewide mandate, but many Florida counties — including Miami-Dade and Broward — have standing orders requiring mediation in contested family law cases. Additionally, any judge can order mediation if they believe it could help resolve the dispute.
Florida uses equitable distribution, starting with a presumption of equal division. The court may adjust this based on factors including the length of the marriage, each spouse's economic circumstances, contributions to the marriage, and whether one spouse interrupted their career for the family.
Private divorce mediation in Miami typically costs $3,000 to $8,000 total, with hourly rates of $200 to $400. Court-ordered mediation uses a sliding-scale fee based on household income, starting at $60 per person per session for lower-income families.
Florida has a 20-day mandatory waiting period from the date of filing. This is one of the shortest waiting periods in the country. After the 20 days, the divorce can be finalized if all terms have been agreed upon.
Browse our directory of independently evaluated divorce mediators in Florida.
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